Terms and Conditions

Definitions

In this document, the following terms shall have the meanings indicated unless the context otherwise requires. The singular and plural adjectives shall refer to the same term.

•        You/Your/Client: refer to the user or anyone who visits or accesses “Fooditor” to benefit from the provided services.

•        We/Us/Our: refer to “Fooditor” service provider.

•        “Fooditor”: the cloud platform and its related smart device applications and the website.

•        Platform: “Fooditor” Cloud platform.

•        Calendar: Gregorian calendar.

•        Content: all texts, information, data, images, logos, videos, advertisements, and everything published through the platform.

•        Client: anyone who wants to subscribe and benefit from the user’s services.

•        Service provider: the owner and operator of “Fooditor”.

•        Document: These terms and conditions, privacy policy, all policies of services providing, and the subsequent policies that complement and implement the agreement are an integral part thereof.

•        Service: digital consultation service for food safety and defense system that is provided by “Fooditor” cloud platform through the digital portal or smart device applications.

•         the service “Fooditor” (Digital) of the program of Food consulting service and food safety by “Fooditor” through the electronic “Fooditor” or application or website in addition to the service of Food Consultation.

•        Algorithms: a set of codes executed by the automated computation to achieve a specific task.

•        Personal data: all collected data about the client during registration on the website or their use of the platform, or that the client provides to us at any time, which includes but is not limited to (name, age, address, e-mail, license and registration number, mobile number, bank account).

•        Currency: Saudi Riyal (SAR).

•        Usage Data: all data of your computer or mobile phone that is automatically collected once you use the Platform.

•        Data: means the personal and usage data defined below.

•        Acceptance: the acceptance and approval of this terms and conditions document.

•        Force majeure: all that makes the implementation of this document impossible, which hampers the work under none of the parties' roles.

•        Cookies: text files consisting of small packets of data stored in the user's browser.

Preface

Welcome to the Cloud Platform “Fooditor” which is managed by Doyen Food Technology Co. the owner of “Fooditor”, its rights, and its Registered Trademark. We are Doyen Food Technology Co. ("company”, “service provider”, "we", "us", "our") a Limited Liability Company registered in Riyadh, Kingdom of Saudi Arabia. (CR: 1010743701).

We manage and operate Fooditor cloud-based platform [https://portal.fooditor.sa/] (the “Platform”), Fooditor website

[http://www.fooditor.sa] (the "Website"), Fooditor smart devices applications (the "App"), as well as other related products and services, that are identified and referred to collectively as "Fooditor" in this document.

These Terms and Conditions constitute a legally binding agreement made between you (“User”, “Client”, “You”, “Your”), whether personally or on behalf of an entity, and Doyen Food Technology Co., concerning your access to and use of Fooditor.

Please read this document "Terms and Conditions" carefully before using "Fooditor." By entering, accessing, downloading, or using "Fooditor," you agree, acknowledge, and accept the Terms of Use of this document, which include the terms and conditions, privacy policy, and all related practices and procedures as described herein. This Document shall be deemed legally binding and effective immediately upon your commencement of using "Fooditor," regardless of whether you are a registered client or not. This introduction is considered part of this document.

This document includes an appendix titled "Privacy Policy" which is an integral part of this document. By accepting the contents of this document, you also accept and incorporate all that is mentioned in its appendices. If you do not agree with any part of this document or its appendices, you are expressly prohibited from using "Fooditor" and must immediately discontinue its use.

This document was drafted in two languages: Arabic and English. In the event of any inconsistency between the two languages, the Arabic text shall prevail.

Throughout the duration of this agreement, we recommend that you print a copy of these Legal Terms and Conditions in both Arabic and English for your records.

To resolve a complaint regarding Fooditor, or to receive further information regarding this document and/or the Services, please contact us at phone (+966-556161684) or email (info@fooditor.sa).

1. Introducing “Fooditor”:

The client declares that “Fooditor” is a Trademark owned by Doyen Food Technology Co., a cloud-based platform specializing in food safety and defense. Clients can benefit from the service by registering on the platform and paying the required fees to use the services at their own discretion.

“Fooditor” is designed to assist you in controlling your daily food safety and defense activities within your organization. With numerous useful modules, Fooditor can facilitate your control over documents, workforce, and assets. “Fooditor” also supports your organization in managing materials, products, temperature monitoring, and sanitation programs. For more information about “Fooditor” features, please refer to our website.

Please note that “Fooditor” is limited to providing a cloud-based service related to managing food safety and defense operations and does not guarantee the success of the client. “Fooditor” is merely a connection point and does not go beyond that. Accordingly, the client is responsible for complying with all legislative and operational requirements and implementing them appropriately. This includes hiring qualified personnel with experience and knowledge in implementing food safety and protection requirements.

2. “Fooditor” scope:

Although “Fooditor” currently operates under the regulations of the Kingdom of Saudi Arabia, for whom outside the platform’s geographical area may request to subscribe to “Fooditor.”. Accordingly, those individuals/organizations outside Saudi Arabia who choose to access “Fooditor” do so on their own initiative and are solely responsible for complying with their applicable local laws.

The information provided when using “Fooditor” is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement within such jurisdiction or country.

3. Intellectual property rights:

“Fooditor” contains features, characteristics, icons, software, text, logos, images, graphics, and digital content contained in or available within “Fooditor” Services or any properties expressed within them, such as (text, logos, images, graphics, audio recordings, button icons, digital content, re-downloads, software, data-collection), which are the exclusive intellectual property rights of “Fooditor” and are subject to the protection of intellectual rights under the intellectual property regulations in the Kingdom of Saudi Arabia or any applicable international agreements or treaties to which Saudi Arabia is a signatory.

Additionally, images, logos, page headers, button icons, texts, and service names are trademarks and commercial designs of the platform. They may not be used in connection with any product or service that is not affiliated with it, so as not to damage the value and credibility of “Fooditor” or harm its clients. It is also prohibited to reproduce the trademarks or commercial designs of “Fooditor” in any media or advertising medium without written consent from us.

The client acknowledges that they do not own the intellectual rights to the service provider’s programs, hardware, software, and documentation. The service provider is also entitled, without prior notification, to suspend or terminate the service provided at their own discretion at any time without any commitment. However, they should assist in ending the requested services prior to termination.

All rights to the services are reserved. “Fooditor” contains features that are protected by intellectual property rights. The client may not publish, copy, or sell them without the approval of the service provider.

No part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4. Applications:

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms.

When you use the App obtained from either the Apple Store or Google Play (each an "App Distributor") to access the Services, the license granted to you for our App is limited to a non-transferable license to use it in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.

We are responsible for providing any maintenance and support services with respect to the App, however, you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

The following activities are prohibited when using the App, and might entail the termination of your service:

a.        Except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App.

b.        Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.

c.        Violate any applicable laws, rules, or regulations in connection with your access or use of the App.

d.        Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App.

e.        Use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App.

f.        Use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

g.        Violate any applicable third-party terms of agreement when using the App.

You acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against you as a third-party beneficiary thereof.

5. Website:

Our website is a part of “Fooditor” services. It provides a form for initial registration in our services and is also used to provide more information about related services and prices. It is considered a major means of client communication.

We recommend all “Fooditor” clients to check our website regularly for updates related to our services. By accessing and using our website, you agree to be bound by these Terms and Conditions.

You may not use our website for any illegal or unauthorized purpose, including:

a.        Hacking or attempting to gain unauthorized access to our systems.

b.        Posting or transmitting any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or libelous content.

c.        Uploading or distributing viruses, malware, or other harmful code.

d.        Interfering with the security or functionality of our website.

Our website uses cookies to enhance browsing experience and to provide tailored content. By using our website, you consent to the use of cookies. We may update this Cookie Policy from time to time. We will notify our clients of any significant changes when applicable.

Clients can manage their cookie preferences through browser settings. They can choose to accept all cookies, reject all cookies, or select which cookies to accept. Please note that blocking certain types of cookies may impact website experience.

6. Third-Party websites:

“Fooditor” may contain (or you may be sent via the Site or App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”).

Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.

Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the services or relate to any applications you use or install from the Services.

7. Electronic communications, transactions, and signatures:

All agreements, notifications, disclosures, and other communications provided electronically by “Fooditor” to the client shall meet all legal requirements as if these communications were in writing and take effect legally. The Client agrees that “Fooditor” may contact them by email, mobile number, or by sending notifications through the platform. They also agree, during the registration process, that “Fooditor” may send messages to the client's email, mobile phone, or via “Fooditor” for promotional purposes, to inform them of any changes, features, or new activities added to the platform.

The client can disable promotional messages if they do not wish to receive these messages by contacting the service provider, but in this case, the service provider does not guarantee that the client will enjoy all services completely and disclaims any responsibility for the non-delivery of such alerts to the client.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

You hereby agree with the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the services.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

The client can also stop receiving emails containing general information about “Fooditor” by contacting the service provider to request it. However, the platform is entitled to continue to contact the client in regard to data concerning the client's account or to respond to any submitted inquiries by the client.

As part of our commitment to customer engagement, “Service Provider” provides regular updates on food safety and defense and our services. These communications are delivered through our platform's essential features, such as the 'Shared Library' and 'Fooditor News'. The client understands and agrees that these communications are a fundamental part of our services and agrees to continue receiving such communications.

8. Service management:

We reserve the right, but not the obligation, to:

a.        Monitor the Services for violations of these Legal Terms.

b.        Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement authorities.

c.        In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.

d.        In our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.

e.        Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

9. Corrections and modifications, and service interruptions:

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

clients agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

10. Subscription, cancellation or suspension of service:

Free Trial: New clients can try the 15-day free trial after registering for “Fooditor” for the first time. At the end of the free trial, the subscription will be suspended until upgraded to a paid version. Client account information will not be lost or charged when renewing the subscription.

Subscription: Clients can subscribe, pay the subscription fee, complete the registration process, and then choose the required service from “Fooditor”. If clients wish to upgrade the service, they can do so at any time through “Fooditor”.

Cancellation: Clients can cancel their subscription at any time through platform options without notifying us. The account will be closed immediately but will be available for log-in to review data for 15 days. After the cancellation period, the account will be closed, and its data will be permanently deleted from the platform. The client will not be able to retrieve the account or its data.

Suspension: Clients entitled to annual subscriptions may temporarily suspend the service one time only for a maximum of 30 days. The client can reactivate the account at any time during the suspension period, or the account will be reactivated automatically after 30 days. The suspended period will not be deducted from the subscription period.

11. Fees, tax, payment, and invoices:

The Membership for creating a client account on the platform is free of charge. However, obtaining accounts for establishments requires a paid subscription. Each establishment obtains a license upon subscription. This license entitles the Client to benefit from the features and characteristics of the subscription package.

The Client can view the features, characteristics, and prices of the packages on the website or on the subscription page within the platform. Note that there are four packages that the Client can choose from:

a.        Basic Package - Basic – Monthly

b.        Basic Package - Basic – Annually

c.        Basic Package - Pro – Monthly

d.        Basic Package - Pro – Annually

It is the Client's responsibility to choose the package that suits them and to pay all due fees. Note that payments on "Fooditor" are not subject to data sharing as "Fooditor" uses a licensed payment service provider in the Kingdom of Saudi Arabia and is bound by the necessary procedures to manage payments.

The Client authorizes the Service Provider to collect the due fees in any manner. In addition to any other costs related to the service that was authorized to the Client before subscription. The prices of “Fooditor” services may change from time to time.

The Client agrees to pay all fees at the rates applicable to their subscription, purchases, related taxes, and/or any other applicable shipping charges; and authorizes us to charge the client’s chosen payment service for the client’s subscription order.

If your order is subject to recurring fees, you agree that we may charge your Payment Method on a recurring basis without requiring your prior approval for each recurring charge, up until the time you cancel the applicable order. We reserve the right to correct any errors or mispricing, even if we have already requested or received payment.

Taxes applicable to all services and products shall be added as per the applicable Law in Saudi Arabia. The Client is also obliged to pay all taxes imposed on services and products.

The Client will receive a tax invoice for all payments made on “Fooditor”. The invoices shall be archived and made available to the Client to view or print when needed on the payments page within the platform.

Inside the Kingdom of Saudi Arabia: Payment can be made through the secure electronic payment system available on “Fooditor” by using Mada cards, credit cards such as Visa and MasterCard, or STCpay, or through a bank transfer. All payments shall be made in Saudi Riyals.

The Client is obligated to pay the fees of the telecom companies to gain access to the Internet service. The Client is also obligated to provide the essential devices to browse the website, access the platform, or use the applications.

To bill individuals or establishments operating from outside the Kingdom of Saudi Arabia, please contact the service provider directly.

12. Registration conditions:

To register in “Fooditor,” the client shall comply with the following terms:

a.        Registration with a real name or meaningful name, avoiding symbols or numbers. It is prohibited to use any names that incite hatred, violence, or any trademarks.

b.        The client undertakes not to register or access “Service Provider” using another person’s data and will not adapt an inappropriate username according to the platform’s discretion (any alias account or accounts that violate public taste shall be removed).

c.        The account user may place a personal photo. However, it is not permissible to use promotional images, photos of others, or photos that may cause confusion about the client’s identity or violate public taste (in such cases, “Fooditor” has the right to remove the account without consulting the client).

d.        Each establishment shall create one client account and can manage its outlets – if any – and if you encounter a problem, please write to our technical team to solve it.

e.        Be accurate when entering the required information on the platform.

f.        The client is responsible for correcting, amending, or renewing the provided data whenever necessary, if they keep all the supporting data and documents at hand.

g.        All information provided and disclosed must be true, up-to-date, and correct. It shall also be as required at “Fooditor” registration and the client’s form. “Fooditor” has the right to verify this as it deems appropriate.

h.        The client can add a brief about themselves on the platform. However, external means of communication or promotional phrases for other projects cannot be included within the brief. If the information is incorrect, inaccurate, not simultaneous, incomplete, inconsistent with this document of use, or if “Service Provider” has reasonable grounds to suspect that it is without prejudice to any other rights under this document or law, “Fooditor” has the right to suspend or cancel the client’s membership.

i.        The client acknowledges that they are responsible for maintaining the confidential information of their account, such as the username and password, and that they are responsible for any disclosure of this information to third parties, as they are responsible for any use made by any person who has disclosed such confidential information to them.

j.        The client undertakes to inform “Service Provider” immediately in the event of hacking or theft of the account or discovering any illegal use of their account on the platform, so that “Fooditor” can take the necessary technical measures to maintain the account.

k.        The client may not use another person’s account at any time without obtaining express consent from the service provider.

l.        In the event of a dispute over account ownership between more than one client, the service provider has the right to transfer ownership of the account to its legal owner. If “Fooditor” cannot correctly identify the client, it has the right to temporarily deactivate the account until a decision is made between the parties of the dispute.

m.        The client is obliged to notify “Fooditor” in the event of detecting any illegal use of the platform.

n.        The client acknowledges that they hereby agree to conclude this document which shall not be based or relied upon on any representations or other undertakings or warranties made by or on behalf of “Fooditor” except as provided herein.

The client of the service undertakes the validity of the information provided on “Service Provider” and it is complete and accurate information. Knowing that the service provider disclaims its responsibility if the given information was incorrect.

If the client provides any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate their account and refuse any and all current or future use of the Services (or any portion thereof).

“Service Provider” has the absolute freedom to ascertain the client’s identity for data reconciliation and verification in any way it deems appropriate and legal, though it shall not be bound by it. Knowing that all data is confidential and used to confirm the validity of the information entered by clients.

“Service Provider” reserves the right to suspend accounts that have not been confirmed or have been inactive for a long time.

13. Granted licenses:

Upon your compliance with these Terms of Use or any terms of service and upon payment of any applicable fees, “Fooditor” grants you a limited, non-exclusive, non-transferable, non-licensable, and non-sub-licensable license to access and use the Services for non-commercial purposes.

This license does not include the resale or any commercial use of any of our services or their contents. It also does not include any copies of information available on the account for the benefit of third parties or any use of data mining methods or any use of similar data collection and extraction tools.

Without obtaining written consent from us, you may not reproduce, duplicate, copy, sell, or resell any part of “Fooditor,” or otherwise use it for commercial or non-commercial use without the express written consent from us. Also, without the express written consent from us, you may not use any meta tags or any other "hidden text" that exploits “Fooditor” name or trademarks or post any links to other sites or websites through “Fooditor” or through any features available within it.

The client may not misuse “Fooditor” services in any way and may only use them in the permitted form by law in accordance with the terms of this document.

The licenses granted by “Fooditor” shall terminate if you do not comply with these Terms of Use or any other Terms of Service. Note that all rights not expressly granted to you in these Terms of Use, or any other terms of service are reserved by the platform.

14. Transferring obligations and rights:

The client may not waive their obligations and rights under this document or entrust the management of their platform’s account to third parties unless a written agreement is obtained from the service provider.

15. Notifications:

Any notification that the client would like to send outside “Fooditor” shall be sent via the specified features within the platform. Any notifications sent outside “Service Provider” would not be considered. While any notifications that “Fooditor” would like to send to the client, they would either be sent as an announcement on “Fooditor” via their mobile number or email during the registration process, and it is assumed that you are aware of it as soon as it is announced on “Fooditor” or when the message was sent to the client.

16. Backup and storage:

a.        The Service Provider provides technical support to all its clients through the Technical Support function within the platform and via email.

b.        The client acknowledges and agrees that the use of the Service, including information transmitted to or stored by “Fooditor”, is subject to its own Privacy Policy.

c.        Service Provider maintains and stores all correspondence with the support team to provide support and improve services.

d.        The Client acknowledges that the content of technical support requests sent to “Fooditor” may be transmitted unencrypted and is subject to:

1.        Transmission over different networks.

2.        Changes to adapt to technical requirements for networking and interconnecting devices.

17. Review:

Clients of “Fooditor” can evaluate the services they received according to the following requirements:

a.        Provide honest and non-fake reviews in appropriate and non-abusive terms.

b.        The client's response to consumer reviews should be honest, decent, and not offensive to the consumer.

c.        Should not be subject to exposure to names, persons, institutions, companies, or symbolic figures that may insult or offend them in any way; and not to use religious slogans or phrases that embarrass cultures and peoples, or that violate any applicable regulations.

d.        Abstain from sending any messages that are racially discriminatory, contain insults, profanity, lewd or obscene images, or are generally in poor taste.

e.        In all cases, the service provider does not bear any responsibility regarding the validity of reviews. This is solely the responsibility of their owners. The service provider also reserves the right to review, delete, or refuse to publish any reviews or illegal replies. Additionally, the service provider may suspend or cancel the membership of any abusive client. However, the website's failure to delete illegal evaluations and responses does not imply endorsement or approval. The platform's right to review ratings and responses should not be construed as a legal duty or obligation. The client is required to inform “Fooditor” of any unlawful evaluations or responses to enable appropriate action. “Fooditor” reserves the right to seek legal recourse and compensation if assessments and responses result in damages to the platform. The injured party and society retain their right to pursue criminal sanctions.

We may accept, reject, or remove reviews at our sole discretion. By posting a review, you grant us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to the review.

18. Client’s content/contribution:

The client acknowledges that they are fully entitled to publish the content through the platform, and that this content does not violate any of the rights of third parties. They also bear all legal responsibilities in the event that they violate any personal or intellectual property rights on any of the content that they published through the platform.

As the service provider disclaims its responsibility regarding the publication of content, or the client’s violation of any rights of third parties, or misuse. In this case the client is responsible against “Fooditor” for their usage of the platform’s content, as “Fooditor” will not be responsible for the correctness, accuracy, adequacy and completeness of the news, information and data of third parties and does not bear responsibility of the content within.

The client also acknowledges the right of “Fooditor” to display and exchange content they have posted through “Fooditor” or delete content if “Fooditor” deems that such content violates the intellectual property rights, privacy rights, commercial rights, or other proprietary rights of a third party.

“Fooditor” also has the right at any time to place the “Fooditor” name on the content provided by the client through the platform.

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such a Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

The service provider has the absolute right to control, amend, delete or reject any content that was entered before or after the publication. However, they are not bound to do so, they cannot monitor everything that is entered into the platform. Thus, they reserve the right without any obligation to write-off, remove or edit input materials that is likely to violate these terms and conditions.

As Regulations and by-laws protect the contents of “Fooditor”, we have the right to pass to the competent authorities any content they deem contrary or violate any of our rights, and they have the right to declare the identification of the client.

19. Prohibited activities:

Clients may not access or use the services for any purpose other than that for which we make the services available. The services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

“Fooditor” clients are prohibited to:

a.        Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

b.        Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.

c.        Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

d.        Use any information obtained from the Services in order to harass, abuse, or harm another person.

e.        Make improper use of our support services or submit false reports of abuse or misconduct.

f.        Use the Services in a manner inconsistent with any applicable laws or regulations.

g.        Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

h.        Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

i.        Delete the copyright or other proprietary rights notice from any Content.

j.        Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

k.        Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

l.        Attempt to by-pass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

m.        Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

n.        Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

o.        Use, launch, develop, or distribute any automated system, including without limitation, any robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

p.        Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

q.        Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

20. Service Termination:

The service provider shall have the entire right, according to its discretion, to terminate or suspend the beneficiary's access to “Fooditor” without notice and for any reason, including infringement of these terms and conditions or any act which might be considered by the service provider as a violation or harm to others. Upon termination, the client will no longer be able to access the platform, and the service provider may use every possible means to enforce such prohibition.

21. Termination of the agreement:

The service provider shall have the entire right to terminate or suspend access or use of the service. The agreement is deemed to be dissolved on its own without the need for any justifications or judicial actions in the following cases:

a.        Upon the client’s violation of any of the provisions or clauses of this document, while preserving all the rights of the service provider to claim compensation for the resulting damages.

b.        Assigning or subleasing the account without the service provider’s consent.

c.        The client fails to fulfil their obligations stipulated herein without taking any serious action.

d.        The client uses a stolen or payment method that is not owned by them.

e.        The account is being used by more than one person whether they are a team or a company, as only one person is authorized to use the account of the platform, except for accounts of the establishment as it allows using more than one account under its management.

f.        Payment evasion.

g.        Impersonating another username on the platform, or using images that do not belong to them, whether it was of a personal or public figure.

h.        Offering to sell or selling their account to others.

i.        Accessing or publishing any illegal content, or discriminatory, abusive, defamatory or against any party.

j.        Uploading, accessing, sending or transmitting any materials that they are not entitled to broadcast under a regulation or contractual relationship.

k.        Collecting or storing personal information about others to remove this breach, while preserving the right of the service provider to claim compensation, if applicable.

l.        The inability to authenticate any information that the client provided to the platform.

m.        If the service provider determines at any time that the activities of the client may cause them or other clients to have legal disputes.

n.        Cessation of the activity of the platform, or the cessation of the activity of those responsible for managing the platform.

22. Legal nature:

This document, its appendices, and sub-pages thereof are considered the complete and final agreement between “Fooditor” and whoever visits or uses any of its characteristics or features. It is a valid contractual relationship with full elements and conditions. It is also considered effective against all the parties mentioned, as the provisions of the document and their obligations are valid on all its parties, even if it is to be amended later. None of its parties may derogate from it or terminate it if it produces its legal effects.

23. The right of the terms and conditions amendment:

The service provider reserves the right to change, update, or modify all or any part of these terms and conditions at any time. We will notify you of any changes by placing a notification on the platform and/or sending an email to the address you provided (info@fooditor.sa). The amendments will be effective immediately upon posting the notification or sending the email. If you do not agree to the amended terms, you must stop using the platform. Your continued use of “Fooditor” following the posting of any changes constitutes your acceptance of the revised terms.

24. Digital signature:

“Fooditor” services are primarily available in the Kingdom of Saudi Arabia. However, regardless of your geographical location, by accepting the terms of service during registration or by simply using the services (if registration is not required), you agree to be bound by the terms and conditions of this document and all other applicable policies. This agreement becomes effective from the date of registration or the date of first use, respectively.

25. Legal capacity:

To benefit from the services provided on the platform, clients are required to register personal and establishment data. This involves entering and submitting complete, correct, and accurate information, including a username and password. Clients are solely responsible for maintaining the confidentiality of this information and ensuring that only authorized individuals have access to it. Please note that the data provided is subject to the confidentiality policy applicable to the service.

You also acknowledge your legal capacity to enter into this agreement as a contracting party and account owner.

Clients further confirm that you have full and unrestricted legal authority to do so, subject to the following conditions:

a.        To be of at the age of (18) years, or older.

b.        Holds a CR or Freelance Certificate in accordance with the Laws and Regulations of the Kingdom of Saudi Arabia

c.        Having the required legal Capacity to conclude contracts without prejudice to any other rights of “Fooditor” under this document or the law, “Service Provider” reserves the right to restrict its access to “Fooditor” or cancel its license or subscription if it deems that the client has not reached the age of 18 or is not eligible.

26. Legal Liability:

The Client accepts full responsibility for the use of the available services to the extent permitted by the system and for legitimate purposes only. The client shall refrain from all irregular activities, with full knowledge of all laws, regulations, rules, or provisions relating to the use of “Fooditor”.

They also undertake to manage their accounts, update their data, and maintain the confidentiality of their account information and dealings. They are obligated to protect this information from disclosure, misuse, or hacking, whether by themselves or by any other entity or person.

The client acknowledges their due diligence to avoid causing any damage, harm, or obstruction to the services or to others during or through their use. They are also responsible for any unauthorized or unregistered use and must inform the service provider immediately if they suspect such activity. In the event of a violation of these terms and conditions, “Fooditor” reserves the right to take action, including suspending membership or permanently prohibiting the client from using the platform. In such cases, the client may not re-register without explicit approval from “Fooditor”.

Each party has the right to take all legal measures deemed appropriate without recourse to “Fooditor” and without any responsibility on the part of the service provider.

The client agrees to indemnify “Fooditor” and to defend it against any claims, whether from the client or third parties, arising from their use of the platform or violation of these terms and conditions or the rights of others. “Fooditor” also reserves the right to recover any amounts owed by the client and any losses or damages caused. “Fooditor” has the right to take legal action or resort to competent courts to file claims against the client. However, the service provider does not guarantee action against all violations, and its failure to take action in any specific case does not constitute a waiver of its rights.

27. Disclaimer:

The client acknowledges the absolute authority of the service provider to authorize or perform or take on any procedures by third parties for the purpose of improving the platform and developing its services.

It should be noted that “Fooditor” does not represent a governmental entity and does not necessarily provide exact, definitive information and guidance. The content may change periodically and be corrected or modified without prior notice. The operators of “Fooditor” will not bear any liability whatsoever.

“Fooditor” offers the provided services as they are to all who can visit “Fooditor” through eligible devices to benefit from the service and access the service-provided pages if available on the platform. Accessing the online services is available 24/7 (Taking into account force majeure or other circumstances that would impede access to the service). “Fooditor” is not responsible for providing the service with the usual quality, speed, or performance, nor does it guarantee that the provided service is free of errors and defects. Note that some or all of the services might not be available in circumstances of breakdown, emergency, or scheduled system maintenance. “Fooditor” cannot guarantee that the service will not be interrupted or that it will be free from problems, omissions, or errors.

“Fooditor” cannot guarantee the results that the client will receive from using the service or the incidental, indirect, punitive, exemplary, or emerging damages that may arise due to their use or inability to use “Fooditor”. Therefore, under no circumstances will the service provider be liable for any damage or malfunction of the Service for reasons beyond its control. The service provider will inform the beneficiaries and take necessary actions. The client waives any claims against “Fooditor” in this regard.

In no event will the service provider be liable for any direct or indirect loss or damages, consequential loss of profits, goodwill, or damage whatsoever, as a result of the disclosure of your username and/or password. Nor is it liable for any loss or damage of any kind that may arise from the use of this platform, including but not limited to direct and indirect damage. You are responsible for the use of information received or accessed through “Fooditor” services, and any reliance on them is entirely at your own risk.

The client acknowledges that “Fooditor” is an internet-based service, and although we make every effort to maintain and keep the information secure, we cannot guarantee the security of information received or transmitted while using “Fooditor”. “Fooditor” cannot confirm the identity of every client.

The service provider does not have any supervisory or control authority over clients, and “Fooditor” is not considered a representative or agent for them. None of the provisions of labor law, agency, guarantee, or other legal provisions related to legal responsibility for the actions of subordinates or third parties apply to it. The client expressly acknowledges and agrees to the nature of “Fooditor” work and that this is its role and deals with “Fooditor” from this point of view.

They also acknowledge that “Fooditor” is not an internet service provider, a hosting provider, an information content provider, a product provider, or a publisher of any content published through “Fooditor” or any feature available to communicate through the platform. The service provider disclaims any responsibility for the work of others.

28. Limitation of liability:

The services are provided on an "as-is" and "as-available" basis. You agree to use the services at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We make no warranties or representations about the accuracy or completeness of the services' content or the content of any linked websites or mobile applications. We will not be liable for:

a.        Any errors, mistakes, or inaccuracies in content and materials.

b.        Any personal injury or property damage resulting from your access and use of the services.

c.        Any unauthorized access to or use of our secure servers and personal information.

d.        Any interruption or cessation of transmission to or from the services.

e.        Any bugs, viruses, Trojan horses, or the like transmitted to or through the services by any third party.

f.        Any errors or omissions in any content and materials or for any loss or damage incurred because of the use of any content posted, transmitted, or otherwise made available via the services.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through services, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. We will not be a party to or responsible for monitoring any transaction between you and third-party providers of products or services. As with any purchase, use your best judgment and exercise caution.

The service provider may stop providing the services at any time without notice, and you may stop using the services at any time. The service provider may impose restrictions on the usage of the services or impede or restrict your access to your account if necessary to protect others or during investigations, settlements, or judicial disputes.

If clients perform or attempt to take any unlawful or illegal action, the service provider has the right to take legal action against you. “Fooditor” is also entitled to claim compensation for your misuse of your personal account.

This document may not be interpreted as excluding or limiting the service provider's liability for cases that may not be excluded or limited by applicable laws in Saudi Arabia. However, the service provider's liability is limited to the extent permitted by law and does not extend to “Fooditor” employees, agents, or other parties involved in fulfilling the service provider's obligations.

29. Compensation:

The Client undertakes to indemnify the service provider and all its employees, directors, agents, and representatives from all claims, costs, lawsuits, cases, and demands arising from the client's violation of any of the terms of this agreement, to the extent permitted by law.

30. Compensation for misuse:

The service provider is not responsible in any case for any damage or loss arising from the client's breach of the terms and conditions of this document. The client undertakes to immediately notify the service provider of any potential impact on the Service and to refrain from disclosing information that may harm the platform or its clients.

31. Complaints and suggestions:

If a case was not covered by the document explicitly, the service provider agrees with the client to solve it amicably and in good faith. However, you can contact “Fooditor” to submit complaints or provide suggestion via the following methods:

a.        email (info@fooditor.sa).

b.        unified number (+966 556161684).

c.        “Fooditor” technical support icon.

32. Disputes and jurisdiction:

The terms and conditions of this document shall comply with the applicable laws and regulations of the Kingdom of Saudi Arabia. In the event of a dispute arising from this service, the parties shall first attempt to resolve the dispute amicably by informing the service provider. If a resolution cannot be reached, the dispute shall be settled by the judicial authorities in Riyadh City, Saudi Arabia.

If any provision of this document becomes invalid, illegal, or unenforceable, the legality or validity of the other provisions shall not be affected.

33. Declaration:

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

This document is read and interpreted per the Laws and regulations of the Kingdom of Saudi Arabia. Everything that has not been mentioned herein shall be dealt with accordingly. The client acknowledges having read, understood, and recognized the terms and their commitment to the service. The person signing this document has agreed and acknowledged all points mentioned.